Common use of Marketing and Publicity Clause in Contracts

Marketing and Publicity. You understand and acknowledge that Clone Systems’ business depends, in part, upon its ability to engage and retain customers. You understand and agree (and shall cause each of Your End-Users to agree) to the use of Your (and their) name(s) by Clone Systems or its designees to assist Clone Systems with its advertising and marketing efforts. Unless required to do so by legal process, You, including all of Your officers, directors, employees, and agents, will not make any disparaging statements or representations, directly or indirectly, orally, in writing, by word, or by gesture, to any person whatsoever, about Clone Systems or its Services, or any of its directors, officers, employees, attorneys, agents, or representatives. A “disparaging” statement or representation is any communication that would cause or tend to cause a recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates.